Blog - Category: Traffic offenses
Rupert Ward Immigration and Criminal barrister explains how drinking and driving (DUIs) can harm your Immigration status
Can I be deported for a DUI offence?
I am an Immigration and Criminal barrister so I see the impact of DUIs and Immigration frequently.
Have you got a work visa or are you a fairly new resident? New Zealand takes a strict approach to drinking alcohol and driving (a DUI). Immigration also takes this very seriously – If you have been convicted of driving under the influence this can greatly impact on your Immigration status.
Government to subsidise interlock devices
I have just had a successful application by a client who wanted to apply for an interlock following a drink driving offence which usually would result in a driving ban.
My client had over three drink driving offences and normally would have usually been subject to having his vehicle confiscated. However, he was able to keep his vehicle as he was able to show the court that the confiscation would cause him extreme hardship as he needed a vehicle to run his business.
A “work” licence
I frequently deal with people who have been disqualified from driving and need a limited licence – these are often called work licences as many people use them for work purposes. I see a lot of applications from those working in the building trades as they often need to transport tools and cannot work without a vehicle. However, such a licence is not limited to work. The test is whether not having a licence will cause you extreme hardship or another person undue hardship. Mainly, the focus on an application will be on the hardship the driver will suffer but I have made applications on many different scenarios – For example, taking a family member regularly to hospital appointments or taking them to educational activities or school. Take advice if you are struggling due to lack of a driver’s licence if suspended.
Losing your driver’s licence
Many of the applications I make in the criminal courts relate to DIC and the need for a limited licence. These can be simple but often an issue will arise which is a bit different to the ordinary course of events.
In a recent case a client of mine unfortunately did not take legal advice and decided to use a petrol motor powered push bike to get to work while he was suspended from driving.